The subject of this Article is the judicial review of elections at the European level, that is, judicial review of elections to the European Parliament. I will focus in particular on the division of jurisdiction between the European Court of Justice (“ECJ”) and the European Court of Human Rights (“ECHR”). Since the organization and conduct of those elections falls partly within the competence of the Member States and partly within the competence of the European Community (“EC”) Institutions, the subject provides a good illustration of the emerging system of constitutional review in Europe and of the respective functions within that system of the ECJ and the ECHR.
Francis G. Jacobs,
Constitutional Control of European Elections: The Scope of Judicial Review,
28 Fordham Int'l L.J. 1049
Available at: http://ir.lawnet.fordham.edu/ilj/vol28/iss4/6